Certain Responsibilities of Bank. In addition to its other obligations set forth elsewhere in this Agreement, the parties agree that Bank shall:
(a) originate and extend credit on Accounts and fund Cardholder Indebtedness in accordance with the Account Documentation, Risk Management Policies and Compliance Practices;
(b) comply with, or direct Company in its capacity as servicer to comply with, the terms of the Account Documentation;
(c) settle Company Transactions and Network Transactions in accordance with Section 7.2;
(d) provide periodic forecasts of Program performance to Company in support of planning and review processes;
(e) maintain required data feeds, databases, and systems contemplated by this Agreement to be maintained by Bank; and
(f) in connection with the foregoing, take all actions required to be taken by Bank, consistent with its obligations as issuer and owner of the Accounts under this Agreement, to implement (or to direct the implementation of, as applicable) changes to features or operations of the Program as determined pursuant to Section 3.5 or otherwise under this Agreement, and any changes to such features or operations as may be mutually agreed upon by the parties in writing.
Certain Responsibilities of Bank. (a) In addition to its other obligations set forth elsewhere in this Agreement, Bank agrees that during the Term it shall:
(i) extend credit (or cause one of its Affiliates to extend credit) on newly originated and existing Accounts in accordance with the Risk Management Policies and Operating Procedures;
(ii) comply (and cause its applicable Affiliates to comply) with the terms of the Cardholder Agreements, the Program Privacy Policies and all Cardholder opt-outs;
(iii) after the Systems Transition Date, provide any Account information required for the NMG Companies’ administration of any Loyalty Program;
(iv) in accordance with Section 7.2, after the Documentation Services Transition Date, prepare, process and mail Cardholder Billing Statements, Inserts, privacy policy notices, change in terms notices and other communications to Cardholders and perform any other Services required to be performed pursuant to this Agreement from time to time;
(v) provide training with respect to Program operations, including training of POS personnel and NMG Servicer personnel in the Bank’s policies and procedures with respect to the Program and in the use of any Bank Systems utilized in the Program;
(vi) to the fullest extent permitted by Applicable Law and Bank’s or its Affiliate’s agreements with third parties, as requested from time to time by NMG, provide transaction and experience information about cardholders of Bank’s and its Affiliates’ other Credit Card programs and customers of Bank’s and its Affiliates’ other consumer loan programs and assist the NMG Companies and their Affiliates in using such information to develop marketing plans for their businesses; and
(vii) to the fullest extent permitted by Applicable Law and Bank’s or its Affiliate’s agreements with third parties, as requested from time to time by NMG, permit the NMG Companies to solicit or offer NMG Goods and Services to cardholders of Bank’s and its Affiliates’ other Credit Card programs and customers of Bank’s and its Affiliates’ other consumer loan programs.
Certain Responsibilities of Bank. (a) In addition to the other obligations set forth elsewhere in this Agreement, Bank agrees that during the Term it shall:
(i) subject to Article III and Section 4.6, establish and implement all Risk Management Policies; provided that, with respect to Employee Accounts, FDS Bank shall establish all “FDS Bank Policies and Terms” as set forth in Schedule 2.1(b);
(ii) fund all Program Expenses as provided in this Agreement;
(iii) use Bank’s and Bank’s Affiliates’ data and data resources to support the Program and increase sales of Macy’s Goods and Services as provided in Section 5.4(a);
(iv) in accordance with Sections 7.2 and 7.3, process remittances from Cardholders;
(v) in accordance with Sections 7.2 and 7.3, prepare, process and mail Credit Card Documentation, Inserts, privacy policy notices, change in terms notices and other communications to Cardholders, and provide the Macy’s Companies with adequate supplies of Credit Card Applications;
(vi) fund all Cardholder Indebtedness on the Accounts;
(vii) extend credit on newly originated and existing Accounts and offer the Value Propositions with respect to those Accounts as are provided for pursuant to this Agreement;
(viii) comply with the terms of the Credit Card Agreements, the Program Privacy Policies and all Cardholder opt-ins and opt-outs;
(ix) in accordance with Sections 7.2 and 7.3, handle collection and recovery efforts in respect of Accounts other than Early Age Collection efforts;
(x) as provided in Sections 7.2, 7.3 and 7.4, maintain Bank Systems sufficient to operate in accordance with Applicable Law and to support the operation of the Program as contemplated by the terms of this Agreement, including following the Systems Conversion Date maintaining the mainframe credit system (including the Bank Credit Platform), a System to process Credit Card Applications, authorize transactions, and assign, increase and decrease credit lines and the call center client service Systems, in each case to the extent Macy’s Systems are not used;
(xi) except to the extent such activities are performed by the Macy’s Companies pursuant to Section 4.2(a)(ii), respond to Cardholder inquiries regarding alleged fraudulent activities affecting the Program; and
(xii) (A) no later than [redacted] to the Systems Conversion Date, (1) make available to the Macy’s Companies Bank’s existing “Simulated System Environment” (SSE), which shall be available at all servicing sites to enable training of Macy’s personnel and Service Pro...
Certain Responsibilities of Bank. In addition to its other obligations set forth elsewhere in this Agreement, including on Schedule 4.3, the parties agree that during the Term, Bank shall:
(a) extend credit on newly originated and existing Accounts in accordance with the Risk Management Policies and Operating Policies;
(b) comply with, or ensure that Kohl’s in its capacity as servicer complies with, the terms of the Credit Card Agreements, the Program Privacy Policy and all Cardholder opt-outs;
(c) monitor and notify Kohl’s of changes in Applicable Law that will affect the Program and ensure that all aspects of the Program comply with Applicable Law at all times (in this regard all matters under the Program pertaining to compliance with Applicable Law shall be determined by Bank as provided in this Agreement and Kohl’s shall extend reasonable cooperation and access to permit Bank to perform its obligations herein);
(d) perform the operational functions set forth on Schedule 4.3(d) in accordance with the terms described on such schedule;
(e) provide Kohl’s reasonable access to Bank’s compliance staff and counsel in order to address issues relating to compliance with Applicable Law, including Bank’s Compliance Manager as set forth in Section 3.2(d) and systems support personnel as set forth in subsection (c) of Schedule 4.10; and
(f) provide introductions to Kohl’s to Bank’s third party servicers for the purpose of assisting Kohl’s in its efforts to minimize the costs associated with Kohl’s performance under this Agreement (including, costs for collections, mailers, printers and plastics) and use commercially reasonable efforts to facilitate Kohl’s negotiations with such servicers.
Certain Responsibilities of Bank. In addition to its other obligations set forth elsewhere in this Agreement, the parties agree that Bank shall: (a) originate and extend credit on Accounts and, without limiting Company’s obligations under Section 4.3, fund Cardholder Indebtedness in accordance with the Credit Card Documentation and the Program Risk Management Policies; (b) comply with, or direct Company in its capacity as servicer to comply with, the terms of the Credit Card Documentation; (c) settle Company Transactions and Network Transactions in accordance with Section 7.2; (d) maintain required data feeds and Systems contemplated by this Agreement to be maintained by Bank; (e) ensure the Program’s compliance with Applicable Law, including with respect to Company’s role as servicer of the Accounts on behalf of Bank; and (f) implement any aspects of Program Decision Matters required of Bank as determined in accordance with the provisions of this Agreement.
Certain Responsibilities of Bank. In addition to its other obligations set forth elsewhere in this Agreement, the parties agree that during the Term, Bank shall:
(a) extend credit on newly originated and existing Accounts in accordance with the Risk Management Policies and Operating Procedures;
(b) comply with the terms of the Cardholder Agreements, the Program Privacy Policy and all Cardholder opt-outs;
(c) monitor and notify Kohl’s of changes in Applicable Law that will affect the Program and ensure that the Program complies in all material respects with Applicable Law at all times;
(d) fulfill its obligations as set forth in Schedule 4.3(d);
(e) provide Kohl’s compliance staff and counsel reasonable access to Bank’s compliance staff and counsel in order to address issues relating to compliance with Applicable Law; and
(f) as directed by Kohl’s, score Kohl’s Shoppers using Bank’s or Kohl’s systems and deliver such information to Kohl’s to the extent permitted by Applicable Law.
Certain Responsibilities of Bank. (a) In addition to its other obligations set forth elsewhere in this Agreement, Bank agrees that during the term it shall:
(i) extend credit (or cause one of its Affiliates to extend credit) on newly originated and existing Accounts in accordance with the Risk Management Policies and Operating Procedures;
(ii) comply (and cause its applicable Affiliates to comply) with the terms of the Cardholder Agreements, the Program Privacy Policies and all Cardholder opt-outs;
(iii) prepare, process and mail Cardholder Billing Statements, Inserts, Privacy Policy notices, change in terms notices and other communications to Cardholders and perform any other Services required to be performed pursuant to this Agreement from time to time;
(iv) provide procedure and process documentation with respect to Program operations, including the use of any Bank Systems utilized in the Program to the extent that the same are not Bank proprietary information or trade secrets;
(v) to the fullest extent permitted by Applicable Law, the Privacy Policy, and Bank's or its Affiliate's agreements with third parties, as reasonably requested from time to time by Pier 1, provide aggregate transaction and experience information about cardholder of Bank's other Credit Card programs, and assist Pier 1 and its Affiliates in using such information to develop marketing plan for their businesses;
(vi) to the extent permitted by Applicable Law, the Privacy Policy, Bank's or its Affiliate's agreements with third parties, and Bank’s policies, as reasonably requested from time to time by Pier 1, permit Pier 1 to solicit or offer Pier 1 Goods and Services to cardholders of Bank's and its Affiliates' other Credit Card programs;
(vii) maintain a System to process Applications, using the underwriting and credit limit assignment policy set forth in the Risk Management Policies and the Operating Procedures;
(viii) maintain call centers in accordance with the terms of Schedule 4.3(a)(viii);
(ix) provide Account monitoring services, including identifying delinquencies, identifying collection efforts required, implementing credit-line adjustments, over limit authorizations and Account deactivation or cancellation;
(x) handle collection and recovery efforts in respect of Accounts;
(xi) process remittances from Cardholders;
(xii) produce and issue all new, replacement and reissued credit card plates related to Pier 1 Credit Cards; and
(xiii) process, print and mail the Pier 1 Rewards Certificates as done prior to th...
